click below
click below
Normal Size Small Size show me how
FFE1
Q1
| Question | Answer |
|---|---|
| The basic principle of Gharar (uncertainly) in the Quran (4:29) is that it devours people’s wealth unjustly; hence all forms of Gharar are prohibited. | True. |
| Different kinds of money exchanged at different rates on deferment are not Riba. | False. Sebab delay dikira haram gak |
| Minerals beneath the earth, pork and wine are considered as Non-Valuable wealth (property) in the eyes of Shariah.. | False |
| The suitability (Ahliyyah) to acquire rights and perform a contract begins from the development of the fetus until birth. | False |
| The word used by Muslim jurists for ownership is milkiyah and that used for property is mal. | True. In islam, Mal refer to property/asset. Milkiyah refer to ownership between the person and the asset. |
| A husband has right to divorce his wife even in status of mortal disease and his wife has no right to get her portion from inheritance. | False. |
| All scholars agree that any propertiy that cannot be removed is considered aqar (fixed asset/immovable) but they differ in their opinion regrding properties that can be transferred or moved. | True. There is a consensus on Aqar (land/buildings) being immovable. However, jurists like the Malikis differ on items like trees or machinery—some consider them Aqar if they are permanently attached, while others treat them as Manqul (movable). |
| Zaki offered to sell his house to Khaled for one hundred thousand ringgit, and by the next day Khaled accepted the offer, this contract is invalid. | True.This contract is invalid due to a break in the "Unity of the Session" (Ittihad al-Majlis). In Shariah, for a contract to be binding, the acceptance must generally occur in the same session where the offer was made, unless a specific option (like Khiy |
| The majority of Fiqh schools agree that the ribawi (usurious) commodities are six only, as stated in the authentic Hadith. | False. While the Hadith lists six commodities (gold, silver, wheat, barley, dates, and salt), the majority of scholars (Shafi'i, Maliki, Hanbali) use analogy (Qiyas) to extend the rules of Riba to other items that share the same effective. Only the Zahiri |
| Wakahlah (Agency) is a charitable contract; therefore, taking commission for any service is not permissible. | False. While Wakalah can be a charitable act, it is permissible to charge a fee or commission. When a fee is involved, it transitions from a purely charitable contract to an exchange contract (Wakalah bi al-Ujrah), similar to a contract of hire. |
| Usul al-Fiqh is a science which deals with the sources of Shari'ah and the methods of extracting rules from them. | True. Usul al-Fiqh (Principles of Islamic Jurisprudence) is specifically the study of the sources of law (Quran, Sunnah, etc.) and the methodology (Ijtihad) used to derive legal rulings from those sources. |
| The Objectives of the Shari'ah (Maqasid al-Shari'ah) is to obtain maslahah (good) and remove mafsadah (evil) in terms of protecting religion, life, intellect, wealth and progeny. | True. This is the core of Maqasid al-Shari'ah as defined by Imam al-Ghazali and al-Shatibi. The five essentials (Al-Daruriyyat al-Khamsah) are the protection of: Faith, Life, Intellect, Lineage, and Wealth. |
| The ignorance of the parties to the contract or one of them about what could be achieved from it is a sign of gharar. | True. Gharar (uncertainty) often stems from Jahl (ignorance) regarding the subject matter, the price, or the ability to deliver the goods. If a party does not know what they are getting, the contract becomes a gamble. |
| Slight deception is the type of deception where goods are bought up to 10% higher than its market price. | False. While definitions vary by school, "slight deception" usually refers to a price difference that falls within the normal range of market fluctuations (e.g., 2–5%). A 10% markup might be considered Ghubn Fahish depending on the commodity. |
| Ahliyyah al-Wujub (receptive) capacity refers to the type of legal capacity where a person receives rights and obligations. | True. Ahliyyah al-Wujub is the capacity for "acquisition." It means the person is a legal subject capable of owning rights (like receiving a gift) and being responsible for obligations (like paying for damages via their estate). |
| Guardianship over a property is concerned with the ward’s private matters such as his education, medical care, and marriage. | False. This describes Guardianship over the Person (Wilayah al-Nafs). Guardianship over Property (Wilayah al-Mal) is specifically concerned with the management, investment, and protection of the ward's financial assets and business dealings. |
| Actual fraud refers to a situation where the person changes the subject of the contract with the intention to cheat another person. | True. This is known as Taghrir (fraud/deception) through action. |
| According to one of the Legal Maxims of Fiqh, all things are impermissible unless there is a proof indicating its permissibility | False. Everything is considered Halal until there is specific evidence (Dalil) proving it is Haram—except in matters of Ibadah (worship) and Bida' (intimacy), where the reverse |
| Riba may arise when the conditions; equality of amount and immediateness of the transaction are not observed in the exchange of non-homogeneous property. | False. For non-homogeneous items (e.g., exchanging gold for silver, or wheat for dates), equality of amount is not required. However, immediateness (spot transaction) is required. Equality only mandatory for homogeneous exchanges (e.g., gold for gold). |
| Obstacle to capacity refers to a situation where a person is not restrained from dealing with his property. | False. An obstacle to capacity refers to situations that do restrain or affect a person's legal standing—such as insanity, minority, or being in a coma. These obstacles limit a person's ability to deal with their property independently. |